Mumbai: 125 Plaintiffs (some of them Indians) did not leave stone missed in their legal battle to prevent 100K losses based on work-based green cards.
They recently asked preliminary orders to protect their interests and prevent such waste.
As explained by TII before in the coverage of his demands, because of the pandemic, the number of lower family-based green cards (permanent residency visa) was approved during the fiscal year which ended September 30, 2020.
This caused a visa roll that was not used to a job-based category.
However, if the roll-over number is not used at the end of September, this (aggregate to 100k roughly) will be wasted, because there is no further roll-over.
Read Alsolaksuit submitted to prevent 100K Green Cards Based on Work from Going SeltyTemumbai: As much as 100K plus a work-based green card can be used and wasted, if US citizenship and immigration services (USCIS) cannot try in September 30 (which is the end of the current fiscal year ).
When the clock ticks, the lawsuit has been submitted to prevent trampling the introduction to be sought.
Submission with the District Court stated, “The court must issue a preliminary order that requires the defendant (USCIS) to try the application ‘adjusting the status’ of the Plaintiff on September 30, 2021.
In his alternative, the court must issue the command command of the Defendant to hold all visa-based visa numbers Used from the 2021 fiscal year into a fiscal year 2022 rather than letting them ‘roll out’ and expiration, so the Plaintiff can reasonably convince that their case will be decided in the fiscal year 2022.
“” In an alternative, the court must issue a defendant command initial order to consider visa numbers ‘Provided’ when the applicant filed I-485, so the Plaintiff’s case could be decided in the fiscal year 2022.
” The purpose of the preliminary command is to maintain the status quo and prevent damage that cannot be improved when the lawsuit remains delayed.
When considering the movement for the initial order, the court considers four factors: the party is likely to succeed in the excess claims; Party tends to suffer losses that cannot be improved without command; Balance of difficulties weigh on party assistance; And the order serves public interest.
The Plaintiff stated that they met all these requirements.